Ward v. . Craig
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, made April 5, 1880, which reversed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, made April 5, 1880, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff as assignee, for the benefit of creditors of the firm of Wellington & Kidder, to recover money alleged to have been collected and received from the United States government by defendants, as attorneys for said firm and for plaintiff. The facts found were substantially as follows: . On December 11, 1875, a libel of information (in rem),…
1Opinion of the CourtFinch, J.
A judgment in favor of the plaintiff, entered upon the report of a referee, was reversed by the General Term. We must assume that the reversal was for some error of law, since, the order does not certify it to have been founded upon error of fact. On the appeal to this court, the respondent is entitled to sustain the reversal by showing any error of law which is fatal to the judgment, whether made the reason of the action of the General Term, or wholly unnoticed by that tribunal. The respondent, however, labors under grave difficulties of a technical character, which are pressed upon our…
2Cases cited5 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Newell v. . DotyNew York Court of Appeals · 1865
- Ackerman v. AckermanNew York Court of Common Pleas · 1862
3Cited by43 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Brauer v. Hotel Associates, Inc.Supreme Court of New Jersey · 1963
- Kaplan v. ReussAppellate Division of the Supreme Court of the State of New York · 1985
- Todd v. . NelsonNew York Court of Appeals · 1888
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